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(영문) 서울남부지방법원 2018.11.08 2018가단2879
청구이의
Text

1. Compulsory execution based on the judgment in the instant case against the Plaintiff by the Defendant is KRW 1,252,00,000.

Reasons

1. In light of the overall purport of pleadings as to the statements in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 2 through 4, the defendant filed a lawsuit claiming loans against the plaintiff (referring to the plaintiff in this case to a lawsuit claiming a payment order) on July 13, 2016 by the above court (referring the plaintiff in this case to a lawsuit claiming a payment order). The above court rendered a favorable judgment (hereinafter "the judgment in this case") that "the defendant (the plaintiff in this case) shall pay 3 million won to the plaintiff (the plaintiff in this case)." The judgment in this case becomes final and conclusive around that time, and the defendant obtained a seizure and collection order against the plaintiff's garnishee's credit union's third debtor in this court as of April 14, 2017. On September 5, 2017, the fact that the plaintiff in this case was forced to pay 3 million won to the plaintiff in this case as to the plaintiff's real estate under the court's forced payment order.

2. The plaintiff asserts that, as the above repayment deposit was made with the original obligation indicated in the executive title, the compulsory execution based on the judgment of this case shall not be permitted, and the defendant asserts to the effect that the enforcement force of the above judgment was not yet extinguished.

3. Judgment on the issue

A. In the instant case of demurrer, even if the original obligation indicated on the executive title was extinguished by repayment or deposit, the obligor cannot seek an exclusion of the entire executory power of the pertinent executive title, insofar as the expenses for execution that the obligor is liable to reimburse are not reimbursed.

(See Supreme Court Decisions 89Da2356, 89Meu12121, and 201Da105195, May 24, 2012, 201, etc.). According to the facts acknowledged under paragraph (1), since only the original obligation indicated in the Plaintiff’s above title of execution has been deposited, the Defendant’s disbursement and the execution cost remains.

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